1 / 39

CONFESSIONS & ADMISSIONS 3 APRIL 1998 MAJ PRUGH MPOA

CONFESSIONS & ADMISSIONS 3 APRIL 1998 MAJ PRUGH MPOA. CONFESSIONS & ADMISSIONS. CONFESSION : COMPLETE ACCEPTANCE OF CRIMINAL RESPONSIBILITY ADMISSION : STATEMENT OF ONE OR MORE FACTS WHICH CAN BE USED TO CONNECT HIM/HER TO THE CRIME. CONFESSIONS & ADMISSIONS.

portia-melendez
Download Presentation

CONFESSIONS & ADMISSIONS 3 APRIL 1998 MAJ PRUGH MPOA

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CONFESSIONS & ADMISSIONS 3 APRIL 1998 MAJ PRUGH MPOA

  2. CONFESSIONS & ADMISSIONS CONFESSION: COMPLETE ACCEPTANCE OF CRIMINAL RESPONSIBILITY ADMISSION: STATEMENT OF ONE OR MORE FACTS WHICH CAN BE USED TO CONNECT HIM/HER TO THE CRIME

  3. CONFESSIONS & ADMISSIONS WHAT VALUE IS THERE IN: --A CONFESSION? --ENOUGH BY ITSELF? --AN ADMISSION? --A DENIAL?

  4. CONFESSIONS & ADMISSIONS --THE ORIGINS OF PROCEDURAL PROTECTIONS --WHY ARE UNLAWFULLY OBTAINED CONFESS- IONS INADMISSIBLE? --U.S. CONSTITUTION --UCMJ, ART 31 --MIRANDA v. ARIZONA, 384 U.S.436 (1966)

  5. CONFESSIONS & ADMISSIONS --THE ORIGINS OF PROCEDURAL PROTECTIONS --WHY ARE UNLAWFULLY OBTAINED CONFESS- IONS INADMISSIBLE? --U.S. CONSTITUTION --5TH AMEND “NO PERSON SHALL BE . . . COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF. . . “ AMENDMENT V, US CONST

  6. CONFESSIONS & ADMISSIONS --THE ORIGINS OF PROCEDURAL PROTECTIONS --WHY ARE UNLAWFULLY OBTAINED CONFESS- IONS INADMISSIBLE? --U.S. CONSTITUTION --6TH AMEND “IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL . . . HAVE THE ASSISTANCE OF COUNSEL FOR HIS DEFENCE.” AMEND VI, US CONST

  7. CONFESSIONS & ADMISSIONS --THE ORIGINS OF PROCEDURAL PROTECTIONS --WHY ARE UNLAWFULLY OBTAINED CONFESS- IONS INADMISSIBLE? --ART 31 UCMJ: A. NO PERSON SUBJECT TO [THE UCMJ] MAY COMPEL ANY PERSON TO INCRIMINATE HIMSELF OR TO ANSWER ANY QUESTION THE ANSWER TO WHICH MIGHT INCRIMINATE HIM

  8. CONFESSIONS & ADMISSIONS --THE ORIGINS OF PROCEDURAL PROTECTIONS --WHY ARE UNLAWFULLY OBTAINED CONFESS- IONS INADMISSIBLE? --ART 31 UCMJ: B. SUSPECTS MUST BE ADVISED OF: --NATURE OF ACCUSATION --RIGHT TO SILENCE --STATEMENTS MAY BE USED AGAINST HIM/HER

  9. CONFESSIONS & ADMISSIONS --THE ORIGINS OF PROCEDURAL PROTECTIONS --WHY ARE UNLAWFULLY OBTAINED CONFESS- IONS INADMISSIBLE? MIRANDA v. ARIZONA: RIGHT TO COUNSEL BEFORE, DURING, AND AFTER QUESTIONING

  10. CONFESSIONS & ADMISSIONS --THE MOTION TO SUPPRESS--LITIGATING THE ISSUE --KEY ISSUES: --KNOWING --VOLUNTARY

  11. CONFESSIONS & ADMISSIONS --THE MOTION TO SUPPRESS--LITIGATING THE ISSUE --VOLUNTARY: STATEMENT IS INVOLUNTARY IF IT VIOLATES: --SELF-INCRIM/DUE PROCESS CLAUSES OF FIFTH AMEND --ARTICLE 31 OR COERCION, UNLAWFUL INFLUENCE, OR UN- LAWFUL INDUCEMENT IS PRESENT MRE 314 (C) 3 & ART 31 d, UCMJ

  12. CONFESSIONS & ADMISSIONS --THE MOTION TO SUPPRESS--LITIGATING THE ISSUE --PROCEDURE --ACCUSED MAKES MOTION TO SUPPRESS --PROSECUTION HAS BOP TO ESTABLISH ADMISSIBILITY OF EVIDENCE. MRE 304 D 5 --”MAY BE PROVED BY THE TESTIMONY OF ANYONE WHO HEARD THE ACCUSED MAKE IT.” MRE 304 H 1

  13. CONFESSIONS & ADMISSIONS --THE MOTION TO SUPPRESS--LITIGATING THE ISSUE --IF ADMISSIBLE: PERSON TAKING STATEMENT CAN EXPECT TO TESTIFY FOR A SECOND TIME.

  14. CONFESSIONS & ADMISSIONS --NATURE OF THE ACCUSATION: REQUIREMENT: THE SUSPECT MUST BE ADVISED OF THE NATURE OF THE ACCUSATION, “NOT THAT IT BE SPELLED OUT WITH THE PARTICULARITY OF A LEGALLY SUFFICIENT SPECIFICATION.” SIMPLY DRAWING THE SUSPECT’S ATTENTION TO A GENERAL PERIOD OF TIME, AND HAVING HIM DISCUSS ALL OF HIS ACTIVITIES , IS NOT ENOUGH.

  15. CONFESSIONS & ADMISSIONS --NATURE OF THE ACCUSATION: HYPOS 1--INVESTIGATOR APPREHENDED A FOR AWOL,AND ALSO SUSPECTED HIM A STEALING A CAR. DID NOT TELL HIM HE WAS SUSPECTED OF CAR THEFT. SIMPLY SAID, “THAT I WAS INTERESTED IN HIS ACTIVITIES OVER A PERIOD FROM THE 29TH OF OCT UNTIL THE 31ST, IN AS MUCH AS I WAS INTERESTED IN WHAT HIS ACTIVITIES WERE FROM THE TIME HE DEPARTED UNTIL HE WAS APPREHENDED.” 2--A SUSPECTED OF RAPE. NOT WARNED OF RELATED OFFENSES OF UNLAWFUL ENTRY/INDECENT ACTS. ALSO NOT WARNED HE WAS SUSPECTED OF SECOND HOUSEBREAKING AND INDECENT EXPOSURE

  16. CONFESSIONS & ADMISSIONS --NATURE OF THE ACCUSATION: HYPOS 3--ADVISED SUSPECTED OF MURDER. ALSO TRIED FOR FELONY MURDER AND ROBBERY RELATED TO THE MURDER IN QUESTION. --SAME TRANSACTION?

  17. CONFESSIONS & ADMISSIONS --WHO IS A SUSPECT? RULE: IF THE INTERVIEWER, BASED ON CONSIDERATION OF ALL KNOWN SURROUNDING CIRCUMSTANCES, HAS REASONABLE GROUNDS TO SUSPECT THAT THE PERSON BEING INTERROGATED HAS COMMITTED AN OFFENSE, A PROPER THRESHOLD WARNING MUST BE GIVEN. MERE WITNESSES = NO NEED TO WARN BUT: IF THE FACTS MAKE THE INDIVIDUAL A SUSPECT AT SOME POINT DURING THE INTERVIEW, THEN ARTICLE 31 IS TRIGGERED

  18. CONFESSIONS & ADMISSIONS --WHO IS A SUSPECT? A REASON TO COMPLY: ART 98: NONCOMPLIANCE WITH PROCEDURAL RULES --A FAILED TO ENFORCE OR COMPLY WITH A CERTAIN UCMJ PROVISION --A HAD A DUTY TO FOLLOW UCMJ --A KNEW OF THE DUTY --FAILURE WAS INTENTIONAL

  19. CONFESSIONS & ADMISSIONS --WHO IS A SUSPECT? HYPO --CHILD BROUGHT TO HOSPITAL WITH BRUISES OF THE BODY, A BRUISE OVER ONE EYE, AND 3 BRUISES OF THE SKULL FROM “FALL FROMCOUCH.” CHILD DIES. DR TELLS INVESTIGATOR OF A STUDY INVOLVING 3’ FALLS. NO HOSPITALIZATIONS REQUIRED. INVESTIGATOR PRESERVES BODY, SEIZED THE COUCH. QUESTIONS FATHER W/O WARNING. --HONESTLY AND REASONABLY NOT A SUSPECT?

  20. CONFESSIONS & ADMISSIONS --MEANING OF INTERROGATION RULE: INTERROGATION CAN EXTEND ONLY TO WORDS OR ACTIONS ON THE PART OF POLICE OFFICERS THAT THEY SHOULD HAVE KNOWN WERE REASONABLY LIKELY TO ELICIT AN INCRIMINATING RESPONSE. --INTENT OF POLICE CRUCIAL --HONEST AND REASONABLE STANDARD

  21. CONFESSIONS & ADMISSIONS --MEANING OF INTERROGATION HYPOS 1--BREWER v. WILLIAMS 2--RHODE ISLAND v INNIS 3--ACCUSED ARRESTED FOR MURDER OF WOMAN IN THE COURSE OF ROBBERY OF FURS FROM HOME. DETECTIVE STACKS FURS OUTSIDE ACCUSED’S CELL WITHOUT SAYING A WORD. SUSPECT CONFESSED. 4--A ARRESTED FOR MURDER OF INFANT SON. ASKED FOR LAWYER. WIFE WANTED TO SPEAK TO A. POLICE TRIED TO DISSUADE HER. AGREED TO MEETING ONLY WITH POLICE PRESENT.

  22. CONFESSIONS & ADMISSIONS --MEANING OF INTERROGATION HYPOS 5--A ASKED FOR LAWYER. WHILE COMPLETING CID FORM 44 A ASKED “HOW SERIOUS OF AN INCIDENT THIS WAS.” MADE INCRIMINATING STATEMENTS. 6--A ASKED FOR LAWYER. B, HIS FELLOW IN CRIME, CONFESSED. CID TELLS A. A CONFESSES.

  23. CONFESSIONS & ADMISSIONS --MEANING OF STATEMENT: NOT: --PHYSICAL ACTS --HANDWRITING --BODY FLUIDS --VOICE SAMPLES --CONSENT TO SEARCH --REQUESTS FOR ID

  24. CONFESSIONS & ADMISSIONS --MEANING OF STATEMENT: HYPOS 1--A MADE TO TRY ON BLOUSE. 2--ROBBER HAD GOLD TOOTH ON HIS RIGHT FRON WITH A STAR ON IT. A MADE TO SHOW TOOTH TO JURY. 3--GOVERNMENT TOOK IMPRESSIONS OF A’S TEETH 4--DUI VIDEOTAPE WITH SOUND ON. 5--LINEUPS WITH SPOKEN WORDS. 6--MPI ASKS FOR MIL ID TO COMPARE SIGNATURES.

  25. CONFESSIONS & ADMISSIONS --MEANING OF STATEMENT: HYPOS 7--A ASKED FOR CONSENT TO SEARCH AFTER INVOKING RIGHTS. 8--MPI ASKED FOR ID CARD AND RATION CONTROL PLATE WITHOUT REASONABLE SUSPICION IN BLACK MARKET CASE. 9--A’S COMMANDER SUSPECTED HIM OF POSSESSING MARIJUANA. SAYS “I THINK YOU KNOW WHAT I WANT, GIVE IT TO ME.” A HANDS OVER MJ FROM POCKET. 10--ARRESTING MP ASKED A ABOUT BLOOD ON COAT.

  26. CONFESSIONS & ADMISSIONS --OFFICIAL QUESTIONING: THREE REQUIREMENTS FOR ART 31 PROTECTIONS: 1--SUSPECT 2--INTERROGATION 3--QUESTIONER ACTING IN OFFICIAL CAPACITY KEY = SUSPECT MUST PERCEIVE ENCOUNTER TO BE AN OFFICIAL INTERROGATION. NOT OFFICIAL IF MOTIVATED SOLELY BY PERSONAL CONSIDERATIONS

  27. CONFESSIONS & ADMISSIONS --OFFICIAL QUESTIONING: HYPOS 1--QUESTIONED BY FELLOW PRISONER 2--AF SP FRIEND QUESTIONS. BUDDY TALK 3--SECTION LEADER AND FRIEND ESCORTS OFF POST 4--UNDERCOVER INFOMANT: EMERGING CHANGE? 5--SHOW AND TELL REGULATIONS. 6--MEDICAL PERSONNEL/ SOCIAL WORKERS. --BURDEN ON “MEDICAL PURPOSE”?

  28. CONFESSIONS & ADMISSIONS --RIGHT TO COUNSEL: MIRANDA: MUST WARN SUSPECT: 1--RIGHT TO SILENCE 2--STATEMENT USED 3--PRESENCE OF ATTY EITHER RETAINED OR APPOINTED. --WHAT IS A SAYS HE ALREADY KNOWS RIGHTS?

  29. CONFESSIONS & ADMISSIONS --RIGHT TO COUNSEL: CUSTODIAL INTERROGATION: --TRIGGERS MIRANDA RIGHTS --ART 31 RIGHTS TRIGGERED EARLIER RESOLUTION?

  30. CONFESSIONS & ADMISSIONS --RIGHT TO COUNSEL: ADVISING THE SUSPECT --TECHNIQUE? --EXAMPLE --WHAT IF A REFUSES TO SIGN? --EQUIVOCAL REQUEST FOR LAWYER? “CAN I HAVE A LAWYER OR IS IT TOO LATE FOR THAT?”

  31. CONFESSIONS & ADMISSIONS --RIGHT TO COUNSEL: CIVILIAN SUSPECTS ISSUES 1--JUDGE MUST DECIDE VOLUNTARINESS UNDER TITLE 18 2--SIX HOUR RULE: INTERROGATION MUST BE WITHIN 6 HOURS OF ARREST/APPREHENSION. 3--UNION REP --NO WARNING REQUIRED --MAY CREATE HEADACHE

  32. CONFESSIONS & ADMISSIONS --SPONTANEOUS STATEMENTS: 1--SEELOFF EXAMPLE 2--WILLEFORD

  33. CONFESSIONS & ADMISSIONS --HANDLING NONWAIVER TYPE I: SILENCE. NO QUESTIONS TYPE II: ATTORNEY REQUESTED EDWARDS RULE = BRIGHT LINE STANDARD. IF A ASKS FOR ATTORNEY, QUESTIONING MUST STOP. MINNICK = A WANTED LAWYER PRESENT WHEN HE TALKED ON MONDAY. DIFFERENT QUESTIONER CAME. HE CONFESSED.

  34. CONFESSIONS & ADMISSIONS --HANDLING NONWAIVER 1--FOREIGN INTERROGATION. 2--SUSPECT INITIATES FURTHER QUESTIONING 3--IMPUTED KNOWLEDGE. HOW FAR? 4--MAKING COUNSEL AVAILABLE. DIFFERENCES FOR THOSE NO IN CUSTODY? 5--REQUEST FOR POLYGRAPH AFTER INVOCATION OF RIGHT TO COUNSEL.

  35. CONFESSIONS & ADMISSIONS --HANDLING NONWAIVER 6--10 MINUTE CONVERSATION WITH ATTY OVER LONG DISTANCE PHONE LINE. 7--NON-CUSTODY A GIVEN --7 DAYS TO SPEAK TO ATTY --3 DAYS --A WEEKEND.

  36. CONFESSIONS & ADMISSIONS --VOLUNTARINESS: --COERCION (NEGATIVE INFLUENCE) --UNLAWFUL INDUCEMENTS (POSITIVE INFL) --POLICE DECEPTION

  37. CONFESSIONS & ADMISSIONS --VOLUNTARINESS: HYPOS 1--TRUTH SERUM 2--QUESTIONED FROM 7PM FRI TO 9AM SAT 3--MUTT AND JEFF 4--TRICKERY AFTER RIGHTS WAIVER. 5--TRICKERY BEFORE RIGHTS WAIVER.

  38. CONFESSIONS & ADMISSIONS --PUBLIC SAFETY --EXCLUSIONARY RULE EXCEPTIONS 1--INDEP SOURCE 2--INEVITABLE DISCOVERY 3--IMPEACH A’S TESTIMONY --NEED FOR CURATIVE WARNING OR CLEANSING STATEMENT.

  39. CONFESSIONS & ADMISSIONS --LINEUPS GENERAL PHOTOGRAPHIC: NO RIGHT FOR ATTY OR ACCUSED TO BE PRESENT DUE PROCESS: ATTY PRESENT CHARGES PREFERRED UNDER PRETRIAL RESTRAINT.

More Related